Addendum No. 1 to Distribution Agreement Between Ingram Micro Inc. and Castelle, Inc. (December 3, 1991)
This addendum amends the original distribution agreement between Ingram Micro Inc. and Castelle, Inc., expanding the distribution territory from specific regions to worldwide. It also certifies the discount levels for products sold for GSA resale, specifying standard discounts, conditions for additional discounts, and documentation requirements for government-related sales. Both parties agree to the new terms, which clarify pricing, eligibility, and invoicing procedures for government sales.
| Exhibit 10.13 |
| Addendum Number 1 to Distribution Agreement Dated February 26, 1990 by and between Ingram Micro Inc. (successor to Ingram Micro D Inc.) and Castelle, Inc. |
| The above-referenced agreement is hereby amended as follows: |
| 1. | Section 2.1 line 2, delete “in the continental United States, Canada, South America and Caribbean countries” and insert “worldwide” |
| Agreed this 3rd day of December, 1991. | ||
| Ingram Micro Inc. | Castelle, Inc. | |
| 2801 South Yale Street | 3255-3 Scott Blvd. | |
| Santa Ana, CA ###-###-#### | Santa Clara, CA 95054 | |
| /s/ Sanat K. Dutta | /s/ Patrick Linehan | |
| Name: Sanat K. Dutta | Name: Patrick Linehan | |
| Title: Senior Vice President, Operations | Title: President & CEO | |
| EXHIBIT 10.13 CERTIFICATION OF DISCOUNT LEVEL Castelle agrees to provide product for GSA resale at the Castelle standard discount plus five points. Castelle will consider a greater discount for small and large bid pricing, based on the number of units and delivery schedule. Additionally, discounts such as co-op, reseller or distributor spiffs, as we as promotional considerations, will not be applicable. Castelle will honor purchase orders for ship and debit or purchase at government discount rates. In either case, the distributor agrees to provide the following: |
| • The reseller purchase order with reference to the government agency. | |
| • The distributor purchase order with reference to the reseller and the government agency. | |
| • A copy of the distributor invoice referencing the Castelle product serial number. |
| In the can of a ship and debit purchase order, Castelle reserves the right to determine the eligibility for the discount and will reimburse the distributor upon review of the supporting documentation to Castelle’s satisfaction. Netting the additional discount against the distribution accounts receivable will not be permissible on any situation without prior approval by Castelle. Approved: |
